Islamists unilaterally pass draft constitution in Egypt

By the CNN Wire Staff

Updated 10:50 PM ET, Fri November 30, 2012

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Photos:Egyptians protest president's powers

Egyptians protest presidential powers – A street vendor grills corn as Egyptian soldiers stand guard at the Presidential Palace on Tuesday, December 18, in Cairo. Protesters opposed to President Mohamed Morsy's first round of voting in the constitutional referendum gather during continuing demonstrations.

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Egyptians protest presidential powers – Protesters chant slogans during a demonstration at the Presidential Palace on December 18 in Cairo.

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Egyptians protest presidential powers – An Egyptian woman types on her laptop before the start of a demonstration opposing President Mohamed Morsy on December 18 in Cairo.

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Egyptians protest presidential powers – People make their way through a market place on Monday, December 17, in Cairo.

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Egyptians protest presidential powers – A supporter of Egypt's President Mohamed Morsy and the Muslim Brotherhood holds Quran as he shouts during a demonstration in Cairo on Friday, December 14.

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Egyptians protest presidential powers – Women pray during a demonstration in support of President Mohamed Morsy in Cairo on December 14.

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Egyptians protest presidential powers – Egyptian army tanks are deployed outside the presidential palace in Cairo on Thursday, December 13. Egypt's crisis showed no sign of easing as the army delayed unity talks meant to ease political divisions and the opposition set near-impossible demands for taking part in a looming constitutional referendum.

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Egyptians protest presidential powers – Girls walk with Egypt's national flag draped over their backs to a rally for supporters of President Mohamed Morsy in Cairo on Tuesday, December 11.

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Egyptians protest presidential powers – Protesters on December 11 attempt to bring down cement walls that security forces placed around the presidential palace in Cairo.

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Egyptians protest presidential powers – Security forces stand guard in front of the presidential palace in Cairo on December 11.

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Egyptians protest presidential powers – Protesters opposed to Egypt's president demonstrate on top of a barricade erected by the Egyptian army to protect the presidential palace in Cairo on December 11.

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Egyptians protest presidential powers – A young protester climbs atop a barricade erected by the Egyptian army on December 11. There were no incidents of violence and soldiers held the line as a couple of hundred protesters pressed up against waist-high crowd barriers.

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Egyptians protest presidential powers – Protesters remove part of a metal barrier protecting the presidential palace on December 11.

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Egyptians protest presidential powers – Egyptian army troops stand guard in front of a metal barricade on December 11.

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Egyptians protest presidential powers – An Egyptian army soldier patrols outside the Egyptian presidential palace on Monday, December 10, in Cairo. The Egyptian political crisis erupted last month when President Mohamed Morsy issued an edict allowing himself to run the country unchecked until the drafting of a new constitution.

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Egyptians protest presidential powers – Members of the Egyptian opposition gather for a protest outside the presidential palace on Sunday, December 9, in Cairo. The palace has been the scene of violent clashes pitting thousands of protesters -- for and against Morsy.

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Egyptians protest presidential powers – Guy Fawkes masks are displayed by a street vendor in front of the Egyptian presidential palace in Cairo on December 9. The masks depict Fawkes, a rebel executed in England's Gunpowder Plot seeking to blow up the House of Lords in the early 1600s.

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Egyptians protest presidential powers – Egyptian army engineers and soldiers build a third line of concrete blocks outside of the Egyptian presidential palace in Cairo in preparation for more protests on December 9.

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Egyptians protest presidential powers – An Egyptian protester sweeps the street near army tanks deployed outside the presidential palace in Cairo on December 8, after continued protests overnight.

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Egyptians protest over presidential powers – A sticker depicting Egyptian President Mohamed Morsy reads "leave" on the ground near the presidential palace on December 8.

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Egyptians protest over presidential powers – Egyptian soldiers take position on a road leading to the presidential palace on December 8.

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Egyptians protest over presidential powers – A protester tries to climb over a barbed-wire fence as Egyptian soldiers stand guard during a demonstration near the presidential palace in Cairo on Friday, December 7.

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Egyptians protest over presidential powers – Supporters of Egyptian President Mohamed Morsy and members of the Muslim Brotherhood shout during the funerals of fellow Morsy supporters at Al-Azhar mosque in Cairo on December 7.

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Egyptians protest over presidential powers – Protesters angry over Morsy's decisions giving himself unchecked powers surround the Muslim Brotherhood's headquarters in Cairo after starting a fire inside the compound on Thursday, December 6.

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Egyptians protest over presidential powers – Riot police form a line as anti-Morsy protesters surge around the Muslim Brotherhood's headquarters in Cairo on December 6.

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Egyptians protest over presidential powers – An anti-Morsy protester shouts during a march to the presidential palace in Cairo, Egypt, on December 6.

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Egyptians protest over presidential powers – Protesters are blocked from approaching the the presidential palace by the Egyptian army on December 6 in Cairo.

Egyptians protest over presidential powers – Members of the Muslim Brotherhood and Morsy supporters destroy tents of anti-Morsy protesters outside the presidential palace on December 5.

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Egyptians protest over presidential powers – Morsy supporters carry an injured man to safety during clashes with anti-Morsy demonstrators on a road leading to the Egyptian presidential palace on December 5.

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Egyptians protest over presidential powers – Members of the Muslim Brotherhood and supporters of Morsy clash with anti-Morsy demonstrators on a road leading to the Egyptian presidential palace on December 5.

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Egyptians protest over presidential powers – Egyptian riot police stand behind barbwire as thousands of Egyptian demonstrators march to the presidential palace in Cairo, Egypt, on Tuesday, December 4.

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Egyptians protest over presidential powers – Tens of thousands of demonstrators encircled the presidential palace in Cairo after riot police failed to keep them at bay with tear gas on December 4.

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Egyptians protest over presidential powers – An Egyptian woman waves a national flag as demonstrators march to the presidential palace in Cairo on December 4.

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Egyptians protest over presidential powers – A Morsy supporter waves a flag outside the Supreme Constitutional Court as hundreds of supporters of the president protest on Sunday, December 2, in Cairo, forcing judges to postpone a hearing on a constitutional panel at the heart of a deepening political crisis.

Egyptians protest over presidential powers – A man kisses a portrait of Morsy during a gathering of thousands of Islamists in front of Cairo University on Saturday, December 1.

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Egyptians protest over presidential powers – Thousands pray during a rally in support of Morsy in front of Cairo University on December 1.

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Egyptians protest over presidential powers – An Egyptian man delivers a speech as protesters gather in Cairo's Tahrir Square on Friday, November 30.

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Egyptians protest over presidential powers – A man shouts as protesters gather in Tahrir Square on November 30.

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Egyptians protest over presidential powers – A man holds a copy of the Quran and a cross in Tahrir Square on November 30.

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Egyptians protest over presidential powers – Protesters run from Egyptian riot police during clashes near Cairo's Tahrir Square on Wednesday, November 28.

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Egyptians protest over presidential powers – A protester carries a rock during clashes with police on Wednesday.

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Egyptians protest over presidential powers – Egyptians carry a giant national flag as tens of thousands take part in a mass rally in Cairo on Tuesday, November 27, against a decree by President Mohamed Morsy granting himself broad powers.

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Egyptians protest over presidential powers – An Egyptian protester holds up a Quran and a figure of Christ on the cross during Tuesday's demonstration.

Egyptians protest over presidential powers – An Egyptian protester attempts to throw back a tear gas canister on Tuesday during clashes with riot police in Omar Makram Street, off Tahrir Square.

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Egyptians protest over presidential powers – Activists in Cairo's Tahrir Square on Monday, November 26, carry the coffin of Gaber Salah, an activist who died overnight after he was critically injured in clashes in Cairo. Salah, a member of the April 6 movement known by his nickname "Jika," was injured last week during confrontations between police and protesters on Cairo's Mohammed Mahmud street.

Egyptians protest over presidential powers – Protesters clash with Egyptian police at Simon Bolivar Square on Sunday, November 25, in Cairo. Egypt's powerful Muslim Brotherhood called nationwide demonstrations in support of Islamist President Mohamed Morsy in his showdown with the judges over the path to a new constitution.

Egyptians protest over presidential powers – Egyptian President Mohamed Morsy waves to supporters in front of the presidential palace in Cairo on Friday, November 23. Thousands of ecstatic supporters gathered outside the presidential palace to defend their leader against accusations from rival protesters that he has become a dictator.

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Egyptians protest over presidential powers – Morsy supporters gather outside the presidential palace in Cairo on Friday. Morsy insisted that Egypt was on the path to "freedom and democracy," as protesters held rival rallies over sweeping powers he assumed that further polarized the country's political forces.

Whether a draft constitution approved by an assembly will move Egypt toward being a freer and more open society is still in question, experts say.

The assembly early Friday approved dozens of amendments as delegates worked through the night to cobble together the draft. Citizens will vote in two weeks to determine the constitution's future.

The outcome of the vote will set the tone for the future of one of the most important countries in a region that is quaking amid the conflict in Syria, violence still smoldering in Iraq and a continuing volatile standoff between Israelis and Palestinians.

It will also be a reflection of President Mohamed Morsy's government, experts say. Morsy was voted into office after the popular uprising in 2011 that toppled President Hosni Mubarak. Some have said Morsy's push for a new constitution is a power grab that echoes Egypt's past.

Morsy's Muslim Brotherhood party pushed through the 234-article draft in just 21 hours from Thursday into Friday. Frustrated Coptic Christians and liberals earlier had walked out, complaining their views were not getting enough consideration.

A quick glimpse at the articles show that the language deals with individuals' civil rights, particularly how security forces and the justice system treats them. There's wording that prohibits arbitrary arrest and detention and ensures due process, a sensitive topic in Egypt. Mubarak and his loyalists are blamed for jailing and harshly mistreating innocents in the years before and especially during last year's uprising.

Anyone jailed cannot be interrogated without an attorney present, and if detainees don't have one, the judicial system must appoint one, one article stipulates, and phone conversations, electronic correspondence and other communication cannot be tapped without a warrant.

Friday morning, the assembly's head, Hossam al-Ghiriyani, asked if everyone agreed to the 234 articles. After a show of hands, he said, "Agreement by consensus. May God bless you." The room broke into applause, and everyone stood while the national anthem played.

"Moving a flawed and contradictory draft to a vote is not the right way to guarantee fundamental rights or to promote respect for the rule of law," said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch.

He told CNN on Friday that key rights are ignored in the draft.

"It guarantees 'freedom of expression,' but you cannot insult the Prophet. You cannot defame the Prophet," Stork said.

While it might be all right for such action to be considered a civil offense, it should not be "a criminal one as this document suggests," he said.

The draft addresses freedom of religion, Stork notes, "but you have to be a Christian, Jew (or) Muslim."

It doesn't address the Baha'is, he said, a group that has been persecuted in various countries for their faith.

"The draft constitution will end the state of political division, because it will cancel the constitutional decrees that the president issued," said Dawood Basil, a Cairo University constitutional law expert. "I feel overwhelming joy after hearing the final wording of the articles."

Gehad El-Haddad, senior adviser to the Muslim Brotherhood, said the constitution, while vague in some places, largely received strong support in the assembly.

"At the end of the day, this constitution has a fairly strong representation of the Egyptian society," he told CNN.

Some critics argue the constitution could move Egypt closer to Sharia law. Mohamed Naeem, a member of the Eyptian Social Democratic Party, said it opens the way for a theocracy.

A 1971 constitution in place under Mubarak was "more open and protective of individual rights," said Mustapha Kamel Sayed, a professor of political science at Cairo University.

The preamble includes language pertaining to women, stating that they are equal to men but also accentuating their role as mothers.

The constitution says: "There is no dignity for a nation which does not honor women; women and men are equal, for they are the fort of motherhood, half of the society and partners in all the gains and national responsibilities."

Citing the family as "the foundation of society," the document guarantees free maternal health care and promises to reconcile "a woman's duties toward her family" and her job.

But Heba Morayef, the Egypt director for Human Rights Watch, argued that the language regarding women is too vague. She worries that the mention of women's family role will trump other freedoms.

The United Nations' high commissioner for human rights, Navi Pillay, urged Morsy to reconsider the draft, saying a number of measures contained in it are incompatible with international human rights law. She called them "not yet sufficient."

Many people in Egypt doubt the draft will bring them the freedoms they fought so hard for last year.

Tens of thousands of protesters Friday packed Tahrir Square, the epicenter of 2011's revolution. They prayed and listened to a cleric call Morsy a "pharaoh." Women in the crowd spoke of their concerns.

Businesswoman Faten Khalil said people don't trust the government and want Morsy to step down.

"They use religion to push us to do whatever they want but they are not really religious," she said.

Another Tahrir protester, designer Basna Azmi, criticized the Muslim Brotherhood, saying it is more an international organization than an Egyptian one.

Demonstrations have become violent at times, and protesters pitched a tent city at a traffic roundabout. Food vendors have set up stands in the middle of the street and protest leaders have walked across a sound stage leading chants.

Opposition factions have called for another mass demonstration in Tahrir Square starting near daybreak Saturday.

The Muslim Brotherhood has called for its own demonstration outside Cairo University on Saturday, in what would be the biggest public show of support for Morsy.